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TMI Blog2019 (1) TMI 1949X X X X Extracts X X X X X X X X Extracts X X X X ..... re of the fact and immediately on coming to know about the said order, he compromised the case with the complainant and the complaint under Section 138 of the Act was withdrawn later on. Petition allowed. - CRM-M-43813-2018 - - - Dated:- 29-1-2019 - MR. ARVIND SINGH SANGWAN, J. Mr. Rohan Jain, Advocate for the petitioner. Mr. Arun Kumar, AAG, Haryana. None for respondent No.2. ORDER ARVIND SINGH SANGWAN, J. Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s liable to be discharged. Notice of motion for 29.01.2019. Till the next date of hearing, the trial Court is directed to adjourn the case beyond the date fixed before this Court. Learned State counsel, on instructions form ASI-Karnail Singh, has not disputed the fact that the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act ), during the pendency of which the petitioner was declared as proclaimed offender vide impugned order dated 24.10.2016 and simultaneously, a direction was given for registration of the FIR. Learned counsel for the petitioner has relied upon the decisions rendered by this Court in Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion that the aforesaid FIR was registered in pursuance of impugned order dated 24.10.2016 and the petitioner was declared as proclaimed person. After hearing learned counsel for the parties and in view of the judgment passed in Vikash Sharma (supra) case, considering the fact that the complaint filed under Section 138 of the Act was compromised as the petitioner has paid the entire cheque amount to the complainant and later on the same was withdrawn on 09.09.2017, I find merit in present petition as the petitioner has also shown a bona fide cause for non-appearance before the trial Court on the date when the impugned order was passed on 24.10.2016. It is submitted that the service was not effected on the residential address of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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